PETITION TO AMEND THE OFFICIAL ZONING DISTRICT MAP & 2030 LAND USE MAP AMENDMENT PROCESS INFORMATION Town of Apex, North Carolina Last updated December 2014 REZONING PETITION SUBMISSION: Applications are due by 4:30 pm on the first Monday of each month, except as noted on the Review Schedule. REZONING PETITION FEES: Conditional Zoning: $900.00 Rezoning: $600.00* 2030 Land Use Map Amendment: $700.00 PRE-APPLICATION MEETING: Applicants are required to meet with a Planner to discuss the rezoning proposal prior to submitting an application for a rezoning, conditional zoning, or 2030 LUM Amendment. Call the main Planning number at 919-249-3426 for an appointment PURPOSE OF A CONDITIONAL ZONING: Conditional Zoning (CZ) Districts are zoning districts in which the development and use of property is subject to the ordinance standards applicable to the corresponding general use district as well as additional rules, regulations, and conditions that are imposed as part of the legislative decision creating the district. A Conditional Zoning (CZ) District allows particular uses to be established only in accordance with site specific standards and conditions pertaining to each individual development project. All site-specific standards and conditions must be consistent with the objectives of these regulations, the adopted 2030 Land Use Map and adopted area plans. The review process established in this part provides for the accommodation of such uses by a reclassification of property into a CZ District, subject to site-specific standards and conditions. Submittal Requirements One (1) original PETITION TO AMEND THE OFFICIAL ZONING DISTRICT MAP. All items on this petition must be addressed completely and correctly for the petition to be sufficient. Attach additional sheets if necessary. One (1) set of envelopes addressed to each of the property owners of the land subject to the application, all property owners within 300 feet of the land/parcel subject to the application and any neighborhood association that represents citizens in the area. Each set of envelopes are for the public hearing notifications before the Planning Board and Town Council respectively. Each envelope must be affixed with a first class stamp; metered postage will not be accepted. Affix the following return address: Town of Apex Planning Department P.O. Box 250 Apex, NC 27502 A signed affidavit with a certified list of property owners subject to the rezoning application, property owners within 300 feet of the property subject to the application and any neighborhood association that represents citizens in the area. The addresses for property owners may be obtained from the current Wake County Revenue Department, Wake County Justice Center, 301 S. McDowell Street, Raleigh, NC or http://www.wakegov.com/tax/default.htm. The addresses for the HOA contacts can be obtained from the Apex Planning Department. A written metes and bounds of the subject property. The neighborhood meeting notice, report, roster and a copy of the letter to the neighbors. The applicable petition submittal fees. An annexation petition must accompany the rezoning petition if any portion of the property to be rezoned is located outside of the Town of Apex’s corporate limits or ETJ. *Rezoning: Rezoning applications are only recommended for rezoning to Rural Residential (RR) or Residential Agricultural (RA). Prior recommendation from the Planning Director is needed in any other case. Rezoning & 2030 LUM Petition-Last Update Feb 2014 PETITION TO AMEND THE OFFICIAL ZONING DISTRICT MAP & 2030 LAND USE MAP AMENDMENT PROCESS INFORMATION NEIGHBORHOOD MEETING: Neighborhood meetings are required per UDO Section 2.2.7 prior to application submission. The applicant is required to notify property owners and any neighborhood association that represents citizens within that area within 300 feet of the subject property via first class mail a minimum of ten (10) days in advance of the neighborhood meeting. The applicant shall use their own return address on the envelopes as the meeting is a private meeting between the developer and the neighbors. The applicant shall submit the “Certified List of Property Owners”, “Neighborhood Meeting Report”, and “Neighborhood Meeting Roster” forms included in this application packet with their initial submittal. REVIEW FOR SUFFICIENCY: Incomplete plans will be returned to the applicant and sufficiently complete applications are forwarded to the planning staff for review. REVIEW BY STAFF: Planning staff reviews the application to determine compliance with the Unified Development Ordinance (UDO). If the application is determined not to be compliant with the UDO, comments will be sent to the applicant. The applicant must address all staff comments before any public hearings are scheduled. PUBLIC HEARING NOTIFICATION: Notification of the public hearing will take place by three different methods. A written notice will be sent to nearby property owners not more than 25 days nor less than 14 days prior to the public hearings, as required by the UDO. The Planning Department will prepare these written notifications for all property owners of the land subject to the application and all property owners within 300 feet of the land subject to the application and any neighborhood association that represents citizens in the area. A notice will be published on the Town of Apex website (www.apexnc.org) no less than 10 days, but not more than 25 days prior to the public hearings, and a notice will be posted at the land subject to the application at least 14 days prior to the public hearings. 1ST PUBLIC HEARING/PLANNING BOARD MEETING: The Planning Board will consider the application, relevant support materials, the Staff Report and public testimony given at the public hearing. After the public hearing the Planning Board will make a recommendation to the Town Council. The Planning Board may recommend approval, approval with conditions or denial. The application is then forwarded to the Town Council. The Planning Board meets at 4:30 P.M. in the Town Hall Council Chambers on the date indicated on the Rezoning Schedule-typically the second Monday of each month. 2ND PUBLIC HEARING/TOWN COUNCIL MEETING: The Town Council will consider the application, relevant support materials, the Staff Report, the Planning Board recommendation and public testimony given at the public hearing. After the public hearing the Town Council will vote to approve, approve with conditions or deny the rezoning. The Town Council meets at 7:00 P.M. in the Town Council Chambers on the date indicated on the Rezoning Schedule (typically the first or third Tuesday of each month). Rezoning & 2030 LUM Petition -Last Update Dec 2014 AGENT AUTHORIZATION FORM is the owner of the property for which the attached application is being submitted: ☐ ☐ ☐ ☐ ☐ ☐ Land Use Plan Amendment Rezoning Site Plan Subdivision Variance Other: The property is located at: The agent for this project is: Name: Address: Telephone Number: Fax Number: E-Mail Address: Signature(s) of Owner(s) Type or print name Type or print name *Owner of record as shown on the latest equalized assessment rolls of Wake County. (An option to purchase does not constitute ownership). If ownership has been recently transferred, a copy of the deed must accompany this authorization. Rezoning & 2030 LUM Petition -Last Update Dec 2014 PETITION INFORMATION Page 1 of 9 Rezoning Fee: 2030 LUM Amendment: Submittal Date: Petition No. PETITION TO AMEND THE OFFICIAL ZONING DISTRICT MAP Project Summary Information: Applicant(s) or Authorized Agent(s): Location(s): PIN(s): Acreage: Current 2030 LUM Designation: Requested 2030 LUM Designation: Current Zoning: Requested Zoning: 2030 Land Use Map AMENDMENT (if applicable) The applicant does hereby respectfully request the Town Council to amend the 2030 Land Use Map of the Town of Apex as hereinafter and in support of this request, the following facts are shown: The area sought to be amended on the 2030 Land Use Map is located at: Current 2030 Land Use Classification: Proposed 2030 Land Use Classification: What condition(s) justifies the passage of the amendment to the 2030 Land Use Map? (Discuss the existing use classifications of the subject area in addition to the adjacent land use classifications). Rezoning & 2030 LUM Petition -Last Update Dec 2014 PETITION INFORMATION-PROPOSED USES Page 2 of 9 Petition No. An application has been duly filed requesting that the property described in this application be rezoned from __ to . It is understood and acknowledged that if the property is rezoned as requested, the property described in this request will be perpetually bound to the use(s) authorized and subject to such conditions as imposed, unless subsequently changed or amended as provided for in the Unified Development Ordinance. It is further understood and acknowledged that final plans for any specific development to be made pursuant to any such Conditional Zoning shall be submitted for site or subdivision plan approval. The undersigned hereby request that the Town Council of the Town of Apex, pursuant to the Unified Development Ordinance, approve the Conditional Zoning for the following use(s) subject to the following condition(s): Proposed Uses: 1 21 2 22 3 23 4 24 5 25 6 26 7 27 8 28 9 29 10 30 11 31 12 32 13 33 14 34 15 35 16 36 17 37 18 38 19 39 20 40 Rezoning & 2030 LUM Petition -Last Update Dec 2014 PETITION INFORMATION-CONDITIONS & LEGISLATIVE CONSIDERATIONS Page 3 of 9 Petition No. Proposed Conditions: LEGISLATIVE CONSIDERATIONS-CONDITIONAL ZONING The applicant shall propose site-specific standards and conditions that take into account the following considerations, which are considerations that are relevant to the legislative determination of whether or not the proposed conditional zoning district rezoning request is in the public interest. These considerations do not exclude the legislative consideration of any other factor that is relevant to the public interest. 1) Consistency with 2030 Land Use Map. The proposed Conditional Zoning (CZ) District use’s appropriateness for its proposed location and consistency with the purposes, goals, objectives, and policies of the 2030 Land Use Map. 2) Compatibility. The proposed Conditional Zoning (CZ) District use’s appropriateness for its proposed location and compatibility with the character of surrounding land uses. Rezoning & 2030 LUM Petition -Last Update Dec 2014 PETITION INFORMATION- LEGISLATIVE CONSIDERATIONS Page 4 of 9 Petition No. 3) Zoning district supplemental standards. The proposed Conditional Zoning (CZ) District use’s compliance with Sec 4.4, Supplemental Standards, if applicable. 4) Design minimizes adverse impact. The design of the proposed Conditional Zoning (CZ) District use’s minimization of adverse effects, including visual impact of the proposed use on adjacent lands; and avoidance of significant adverse impacts on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration and not create a nuisance. 5) Design minimizes environmental impact. The proposed Conditional Zoning District use’s minimization of environmental impacts and protection from significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. 6) Impact on public facilities. The proposed Conditional Zoning (CZ) District use’s avoidance of having adverse impacts on public facilities and services, including roads, potable water and wastewater facilities, parks, schools, police, fire and EMS facilities. 7) Health, safety, and welfare. The proposed Conditional Zoning (CZ) District use’s affect on the health, safety, or welfare of the residents of the Town or its ETJ. Rezoning & 2030 LUM Petition -Last Update Dec 2014 PETITION INFORMATION- LEGISLATIVE CONSIDERATIONS Page 5 of 9 Petition No. 8) Detrimental to adjacent properties. Whether the proposed Conditional Zoning (CZ) District use is substantially detrimental to adjacent properties. 9) Not constitute nuisance or hazard. Whether the proposed Conditional Zoning (CZ) District use constitutes a nuisance or hazard due to traffic impact or noise, or because of the number of persons who will be using the Conditional Zoning (CZ) District use. 10) Other relevant standards of this Ordinance. Whether the proposed Conditional Zoning (CZ) District use complies with all standards imposed on it by all other applicable provisions of this Ordinance for use, layout, and general development characteristics. Rezoning & 2030 LUM Petition -Last Update Dec 2014 PETITION INFORMATION-MULTIPLE OWNERS SIGNATURE PAGE Page 6 of 9 Petition No. The owners of the property sought to be rezoned are: 1. Print owner name(s) above Signature of owner(s) Print address of property to be rezoned above PIN # Print address of property to be rezoned PIN # Print address of property to be rezoned PIN # Print address of property to be rezoned PIN # Print address of property to be rezoned PIN # Date 2. Print owner name(s) Signature of owner(s) Date 3. Print owner name(s) Signature of owner(s) Date 4. Print owner name(s) Signature of owner(s) Date 5. Print owner name(s) Signature of owner(s) Date Rezoning & 2030 LUM Petition -Last Update Dec 2014 CERTIFIED LIST OF PROPERTY OWNERS Page 7 of 9 Petition No. Certified list of property owners subject to this application and all property owners within 300’ of the subject property and HOA Contacts. Owner’s Name PIN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. I, __________________________________, certify that this is an accurate listing of all property owners and property owners within 300’ of the subject property, and HOA Contacts. Date: _________________________ By:______________________________________ STATE OF NORTH CAROLINA COUNTY OF WAKE Sworn and subscribed before me, _____________________________, a Notary Public for the above State and County, this the ________day of _________________, 20____. SEAL Notary Public Print Name My Commission Expires: Rezoning & 2030 LUM Petition -Last Update Dec 2014 NEIGHBORHOOD MEETING REPORT Page 8 of 9 Petition No. Per UDO Section 2.2.7, neighborhood meetings are required for all rezoning, conditional zoning and 2030 LUM Amendment applications. The purpose of the neighborhood meeting is to educate neighbors about the proposed development and application, to receive neighborhood comments, and to address concerns about the development proposal. At least one neighborhood meeting shall be scheduled and held by the applicant or applicant’s agent prior to submission of the initial application. The neighborhood meeting shall comply with the following procedures: The neighborhood meeting shall be held at a place that is generally accessible to neighbors that reside in close proximity to the land subject to the application. The applicant shall provide notification of the neighborhood meeting a minimum of ten (10) calendar days in advance of the meeting by mail to: o All landowners within three hundred (300) feet of the land subject to the application; o Any HOA or neighborhood association that represents citizens within that area and o The Town of Apex Planning and Community Development Department. At the neighborhood meeting, the applicant shall explain the development proposal and application, answer any questions, respond to concerns neighbors have about the application and proposed resolutions to these concerns. Date of Mailing: Other Methods of Contact: I hereby attest that letters were mailed to the Certified List of Property Owners: Printed Name: Date of Meeting: Signature: Time of Meeting: Location of Meeting: Summary of issues: Description of changes made by applicant as a result of the neighborhood meeting: Attach additional sheets as needed. Rezoning & 2030 LUM Petition-Last Update Feb 2014 NEIGHBORHOOD MEETING ROSTER Page 9 of 9 Petition No. ATTENDEES MUST SIGN IN Date of Meeting: ________________________ NAME PLEASE PRINT ADDRESS PLEASE PRINT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. I, __________________________________, certify that this is the original roster of attendees for the neighborhood meeting subject to this application. _________________________ Date By:______________________________________ STATE OF NORTH CAROLINA COUNTY OF WAKE Sworn and subscribed before me, _____________________________, a Notary Public for the above State and County, this the ________day of _________________, 20____. SEAL Notary Public Print Name My Commission Expires: Rezoning & 2030 LUM Petition -Last Update Dec 2014
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